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2025 DAILYLAW 27113 (CHH)

SMT. ASHA GUPTA v. STATE OF CHHATTISGARH

WPS/4640/2025 · 2025-06-15

Shri Ravindra Kumar Agrawal

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Judgment text

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1 2025:CGHC:24320 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4595 of 2025 1 - Smt. Janki Chyelike W/o- Ram Kumar Chyelike Aged About 52 Years Presently Posted As Teacher L.B. (Arts) Government Middle School Nawadih, Block Masturi, District Bilaspur (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahandi Bhawan, Atal Nagar, Raipur, District Raipur (C.G.) 2 - Director Directorate Of Public Instruction Indrawati Bhawan, Naya Raipur, Atal Nagar, District Raipur (C.G.) 3 - Divisional Joint Director Bilaspur Division Bilaspur, District Bilaspur (C.G.) 4 - Collector Bilaspur, District Bilaspur (C.G.) 5 - District Education Officer Bilaspur, District Bilaspur (C.G.) 6 - Smt. Sandhya Pandey Upper Division Teacher Government Middle School Nawadih, Block Masturi, District Bilaspur (C.G.) --- Respondent(s) WPS No. 4644 of 2025 1 - Avanish Tiwari S/o Late Radha Krishna Tiwari Aged About 52 Years Lecturer, Pm Shri Swami Atmanand Excellent English Medium School, Kurud, District Dhamtari, Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education Mahanadi Bhavan, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh. 2 2 - Director Directorate Of Public Instructions (Dpi) Through Its Director, Indravati Bhawan, Naya Raipur, District Raipur, Chhattisgarh. 3 - Collector District Dhamtari, Chhattisgarh. 4 - Joint Director Division, Raipur, Chhattisgarh. 5 - District Education Officer District Dhamtari, Chhattisgarh. --- Respondent(s) WPS No. 4640 of 2025 1 - Smt. Asha Gupta W/o Ajay Kumar Gupta Aged About 57 Years Presently Posted As Teacher (Arts) Government Middle School Makhanpur, Block Pali District Korba (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department Mantralaya Mahanadi Bhawan, Atal Nagar Raipur District Raipur (C.G.) 2 - Director Directorate Of Public Instruction Indrawati Bhawan, Naya Raipur, Atal Nagar District Raipur (C.G.) 3 - Divisional Joint Director Bilaspur Division Bilaspur, District Bilaspur (C.G.) 4 - Collector Korba, District Korba (C.G.) 5 - District Education Officer Korba, District Korba (C.G.) 6 - Smt. Leela Verma Upper Division Teacher Government Middle School Makhanpur, Block Pali District Korba (C.G.) 7 - Smt. Lata Yadav Teacher Government Middle School Makhanpur, Block Pali District Korba (C.G.) 8 - Smt. Poonam Soni Teacher Government Middle School Makhanpur, Block Pali District Korba (C.G.) --- Respondent(s) WPS No. 4605 of 2025 1 - Umesh Singh Rajput S/o Shri Banshi Lal Rajput Aged About 48 Years Presently Posted As Teacher Lb (Sanskrit) Government Middle School Chanderi, Block Lormi District- Mungeli (C.G.) 3 ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department Mantralaya Mahanadi Bhawan, Atal Nagar Raipur District- Raipur (C.G.) 2 - Director Directorate Of Public Instruction Indrawati Bhawan, Naya Raipur, Atal Nagar, District- Raipur (C.G.) 3 - Divisional Joint Director Bilaspur Division Bilaspur, District- Bilaspur (C.G.) 4 - Collector Mungeli, District- Mungeli (C.G.) 5 - District Education Officer Mungeli, District- Mungeli (C.G.) --- Respondent(s) For Petitioner(s) : Mr. Mateen Siddiqui, Advocate. For Respondent(s) : Mr. Vinay Pandey, Dy. Govt. Advocate. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 16-06-2025 1. By way of these writ petitions, the petitioners are challenging the impugned transfer order and action of the respondents whereby the petitioners have declared surplus Teacher and consequently transferred under the Teacher Rationalization Instructions. 2. Learned counsel for the petitioners would submit that list of surplus Teachers published by the respondents are against the rationalization instructions and the same is arbitrary as no proper opportunity of hearing was given to the petitioners and if the petitioners are not granted interim relief, they will suffer with irreparable loss. Therefore, the impugned order is liable to be set aside. 3. Learned counsel for the State would submit that after due verification of records the petitioners have been transferred under the rationalization instructions issued by the State Government. He would further submit that if the petitioners are having any grievance, they may move fresh representation before the concerned District Rationalization Committee and 4 the Committee will take a decision on their representation in accordance with law within a stipulated period. 4. I have heard learned counsel for the parties and perused the pleadings and documents. 5. In view of submissions made by learned counsel for the parties, the petitioners are directed to make fresh representation before the concerned District Rationalization Committee within a period of five days from today, and appear before the said Committee on 20th June, 2025. Thereafter, the Committee shall decide the representation of the petitioners within seven days from the date of receipt of representation in accordance with law in objective manner. Till decision on the representation is communicated to the petitioners, the impugned transfer order issued under Teacher Rationalization Instructions, so far as the petitioners are concerned, be kept in abeyance. 6. With the aforesaid observation and direction, the present writ petitions stands disposed of. Sd/- (Ravindra Kumar Agrawal) Judge Alok ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.06.18 18:28:28 +0530